EB-5 Q&A:When is the age of a child relevant in the EB-5 process?


Yes, your daughter may be in danger of aging out.  The Child Status Protection Act (CSPA) was passed several years ago and has been applied to EB-5 petitions.  In essence, if a visa is currently available to you when filing I-526 petition, your daughter’s CSPA age will remain her chronological age at the date of filing, regardless of the time it takes the USCIS to process your petition for an immigrant visa (I-526).   If a visa is not immediately available when you file I-526, your daughter will continue to age until a visa becomes available and you can file with the U.S. Embassy to take the visa.  If you are Chinese, there is no visa currently available and those Chinese who are currently receiving visas filed the I-526 in 2013.  If you are not Chinese, as of June 2015, visas are currently available.  You need to watch the monthly bulletin for July to confirm a visa is currently available for you.   The U.S. Department of State publishes the July bulletin on June 10, 2015.   Check the U.S. Department of State website for the monthly bulletins.